Federal Supreme Court (STF) Minister Alexandre de Moraes’ reaction to the invasion and vandalism at the headquarters of the three Powers on 8 January has been the topic of heated debates among experts. Lawyers, researchers and political commentators have been discussing about the limits of the STF member’s performance and the implications of the methods used by Moraes to democracy, the very institution which the minister would be trying to protect with such decisions that, at the same time, are believed to endanger it.
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The Paradox
In one of the most recent episodes, as well as in other cases, the court endorsed the Minister’s unprecedented court order to determine without provocation/request by investigative bodies or congressmen (ex-officio), the removal of Federal District Governor Ibaneis Rocha (MDB). Decisions like this one are deemed a paradox, because, for some commentators even though justified as a way to protect democracy, they could be exaggerated and create dangerous precedents for future situations, undermining the system it intends to defend.
More Examples
Questions surrounding Moraes’ performance include the concentration of cases in his hands, trampling of the Attorney General’s Office (PGR), ex-officio decisions (without provocation), censorship, veto or delay in giving access to the case’s records to the defense of people investigated, excessive use of prisons instead of various precautionary measures, among other points.
Criticisms and Long-Term Consequences
Brazilian law experts understand that attacks against democracy demand due accountability but considers that this cannot be done by violating the rules of due process of law. Serious illegal practices that weaken democracy itself in the long term. It can cause society to lose confidence in the correct administration of justice.
Former Government
The last federal government is accused by critics of being complacent with illegal miners, thus, contributing for the crisis to take place.
